Code of Alabama

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6-10-38
Section 6-10-38 Contest of exemption claim - Proceedings when homestead found to exceed value
or area allowed. (a) If, on the trial of a contest of a claim of homestead exemption, it is
found that the homestead as claimed exceeds $5,000 in value (or if a husband and wife have
both claimed the exemption to which each is entitled, $10,000), or 160 acres in area, the
court shall forthwith issue an order to the sheriff, returnable in 30 days thereafter, commanding
him to summon three disinterested householders or freeholders of the county in which the homestead
is situated, who, after having been sworn by the sheriff or some officer authorized to administer
oaths to faithfully discharge their duty, shall, if practicable, set off and allot, by metes
and bounds, the homestead exempt to the defendant from levy and sale under process, having
regard both to the quality and value of the real estate and to the selection of the defendant
and taking land most contiguous to the dwelling, and...
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25-4-134
Section 25-4-134 Procedures for collection of delinquent contribution payments. (a) Generally.
The contributions, interest, and penalties required to be paid under this chapter shall be
a first and prior lien upon all property and rights to property, real or personal, of any
employer subject to this chapter. The lien shall arise at the time the contribution report,
or the payment of the contributions, as the case may be, was due to have been filed with or
made to the Department of Labor. The secretary may file in the office of the judge of probate
of any county in this state a certificate which shall show the name of the department for
which it is filed, the amount and nature of the contributions, interest, and penalties for
which a lien is claimed together with any costs that may have accrued, the name of the employer
against whose property a lien for such contributions, interest, and penalties is claimed and
the date thereof. An error in the certificate of the amount shall not...
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23-1-56
Section 23-1-56 Contracts to do work - Qualification of bidders. (a) Prequalifications of contractors.
The Director of Transportation shall require all bidders to furnish a statement under oath,
on such forms as the State Department of Transportation may prescribe, of detailed information
with respect to their financial resources, equipment, past record, and experience of both
the firm and personnel of the organization, together with such other information as the State
Department of Transportation may deem necessary for carrying out the provisions of this chapter.
Such forms shall include a financial statement actually prepared by a certified public accountant
(C.P.A.) or any independent licensed public accountant approved by the Alabama State Department
of Transportation, an inventory of equipment listing its location and book value, a listing
of material and equipment houses with whom a line of credit is established as well as those
firms from whom principal materials and equipment...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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6-6-295
Section 6-6-295 Damages - When assessed in severalty. When there are more defendants than one,
the jury may assess the damages arising from the detention of the land and the injury and
waste thereto, in severalty against each defendant for distinct damages. (Code 1852, §2214;
Code 1867, §2615; Code 1876, §2964; Code 1886, §2710; Code 1896, §1550; Code 1907, §3854;
Code 1923, §7468; Code 1940, T. 7, §953.)...
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6-6-292
Section 6-6-292 Judgment - Damages only. If the interest or title of the plaintiff expired
before the time in which he could be put in possession, he may obtain a judgment for damages
only. (Code 1923, §7469; Code 1940, T. 7, §954.)...
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6-8-86
Section 6-8-86 Judgment for defendant - Compulsory counterclaims. On a compulsory counterclaim,
if the claim or demand of the defendant equals the claim or demand of the plaintiff, judgment
must be entered for the defendant; if the claim or demand of the defendant exceeds the claim
or demand of the plaintiff and the plaintiff is the party liable to its satisfaction, judgment
must be entered against him in favor of the defendant for such excess and all costs. (Code
1886, §2683; Code 1896, §3734; Code 1907, §5865; Code 1923, §10179; Code 1940, T. 7, §357.)...

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6-5-160.3
Section 6-5-160.3 Standards of proof; remedies; enforcement. (a) A plaintiff is required by
a preponderance of the evidence to establish that a nuisance exists. The plaintiff is required
by clear and convincing evidence to establish that the owner of the property who is not a
resident or in actual possession of the property was criminally culpable in aiding and abetting
the nuisance. (b) If the existence of a nuisance is found, the judgment may include actual
damages and an injunction to restrain, abate, and prevent the continuance or recurrence of
the nuisance. The court may grant declaratory relief, mandatory orders, or any other relief
deemed necessary to accomplish the purposes of the injunction or order and enforce the judgment
or order. (c) The court may retain jurisdiction of the case for the purpose of enforcing its
orders. (d) If a nuisance is found, the court shall have additional power to fashion any one
or more of the following remedies: (1) Assess damages against the...
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12-19-53
Section 12-19-53 Entry of judgment for costs when judgment in action entered against nominal
plaintiff. When judgment is entered against the plaintiff in any action brought in the name
of a nominal plaintiff for the use of another, judgment for costs must be entered against
the beneficiary or his personal representative. (Code 1852, §2383; Code 1867, §2787; Code
1876, §3136; Code 1886, §2845; Code 1896, §1330; Code 1907, §3667; Code 1923, §7227;
Code 1940, T. 11, §71.)...
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15-8-4
Section 15-8-4 Formal defects not fatal. An indictment must not be held insufficient, nor can
the trial, judgment or other proceedings thereon be affected by reason of any defect or imperfection
in any matter of form which does not prejudice the substantial rights of the defendant on
the trial. (Code 1852, §592; Code 1867, §4142; Code 1876, §4815; Code 1886, §4367; Code
1896, §4895; Code 1907, §7133; Code 1923, §4528; Code 1940, T. 15, §231.)...
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